Allowed

Narayan Agarwal v. the State of Jharkhand

Jharkhand HC15 Jan 2019A.B.A./2/2019

Case brief

AI extract

What is this about?

InvokingSection 438 Cr.P.C., the petitioner sought anticipatory bail in an FIR alleging the accidental death of a child during construction work. The High Court found it a fit case, ordering bail against furnishing a bond with deposit of Rs. 1,00,000 interim compensation.

What did the court decide?

Petitioner granted anticipatory bail, liable to surrender on arrest or during four weeks, upon depositing Rs. 1,00,000 interim compensation and furnishing a bond with two sureties.

Narayan Agarwal Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 2 of 2019

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Narayan Agarwal … Petitioner Versus The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. I. Sinha, Advocate For the State : Addl. P.P. ------

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Order No.02 Dated- 15.01.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chakradharpur P.S. Case No.115 of 2018 registered under sections 304 of the Indian Penal Code.

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Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner a contractor and the deceased a 12 year girl was employed by the petitioner who died being crushed by the mixer machine engaged in the works undertaken by the petitioner. It is further submitted that the allegation against the petitioner are all false and the petitioner never engaged the deceased girl and the petitioner was also not present at the place of occurrence. It is further submitted that the petitioner is ready and willing to pay Rs. 1,00,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case and undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail.

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Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 1,00,000/- as ad interim victim compensation in favour of informant- Bikram Samad and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Porhaat at Chaibasa, in connection with Chakradharpur P.S. Case No.115 of 2018 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant- Bikram Samad and hand over the said demand draft to him, after proper identification.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Narayan Agarwal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Narayan Agarwal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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